WASHINGTON STATE DUI BLOG

Should I appeal my Department of Licensing case?

It depends. If you have a very strong legal issue, a suspension longer than 90 days and would have won except for you got a "bad" DOL Hearing Officer then it may be worth it. Some of the factors you must consider: cost of SR-22 insurance for 3 years, cost of the ignition interlock device for the duration of the suspension/revocation, the cost of the appeal and likely outcome of the criminal case. (other factors such as your employment may also be relevant) If you don't already have an attorney, you should talk to an experienced DUI attorney to make the right decision for you. Less appeals are seen these days because of the availability of the ignition interlock license (IIL) to almost everybody. 

How long do I have to appeal a Department of LIcensing ruling?

You have only thirty (30) days from receipt of the decision or ruling to appeal a Department of Licensing (DOL) Order upholding the suspension or revocation of your Washington State driver's license as a result of your DUI arrest. 

Where is the Department of Licensing (DOL) Hearing conducted?

The DUI Department of Licensing (DOL) Hearing is done over the telephone. Typically, this is done at your attorneys office, if you have one. The Hearing Officer and the trooper or police officers will also appear by telephone. Other witnesses can appear in person at the attorneys office or by telephone. I conduct the hearing in the conference room of my law office. 

Can my Department of Licensing (DOL) Hearing be rescheduled?

Yes. You can continue your DUI Department of Licensing (DOL) one (1) time without any problem. The DOL will give you no longer than thirty (30) days. See link for form and instructions. Reschedule DOL Hearing (DUI Arrest) A second (2) continuance is only allowed in cases of emergency. 

Will my public defender represent me at the DOL Hearing?

No. In Washington State, your Court appointed public defender will not represent you at the Washington State Department of Licensing (DOL) Hearing. The DOL Administrative Hearing is a completely separate "civil" action (implied consent). My office offers a special rate if you have a public defender and want representation for the DOL Hearing only.  

What happens if the officer or trooper fails to send the police report to DOL?

Nothing. Your driver's license will not be suspended. If the officer or trooper gave you a Department of Licensing (DOL) Hearing Request and you mailed that Request with your $375.00  - the DOL will in turn send you a letter with a $375.00 refund usually within 30 days or so. This happens rarely - but it does happen. This does not mean that DUI charges will not filed. (Either the officer overlooked it or was simply lazy.)

What are my chances of winning the Department of Licensing (DOL) Hearing? Is it worth the $375?

Yes. In my opinion, the $375.00 is worth it. The State average is about 1 in 4 or 25%. (obviously, it varies monthly) However, you never know with the Department of Licensing (DOL) Hearing. I have had periods where I would win 3 in 4 of these Hearings. I always tell my clients to be prepared to lose the DOL Hearing - but that I will do everything possible to win the hearing. Unfortunately, factors outside your control can determine whether you are successful. (i.e. the hearing officer you draw being the most important) The worst thing that can happen is your attorney gets a very useful disposition of the officer or trooper. (which is usually helpful in preparing your defense)

Will my Washington State DUI conviction show up on my "out-of-state" Driver's License?

Most likely. Under the Interstate Driver's License Compact it should be reported to your home state. (unless your home state is not a member - Wisconsin, Tennessee, Georgia, Massachusetts and Michigan are not members) However, even if the state is a member, I have seen DUI convictions not reported to the home state. (your  driver license state) So you never know - but do expect it to be reported. The Interstate Driver License Compact is an interstate compact designed to exchange information concerning license suspensions and traffic violations of non-residents and forward them to the state where they are licensed known as the home state. Its theme is "One Driver, One License, One Record". The home State would treat the offense as if it had been committed at home, applying home state laws to the out-of-state offense. 

How do I look up my driving record online?

In 2013, you can now get online your Washington State Department of Licensing (DOL) Abstract of Driving Record. (ADR) It costs $13.00 and you will need a credit card. If you have a pending DUI charge you will need a copy for the Alcohol & Drug Evaluation which is required in every DUI case. See Link: Look-up my WA Driving Record. A complete record is required for your evaluation. 

Can I get a fee waiver for the DOL Hearing request?

Yes, if you qualify. See link to the fee waiver application and follow instructions. If you don't qualify the Department of Licensing (DOL) will give you more time to send in the $375.00 Hearing fee. DOL Fee Waiver. 

Can I still drive with a "punched" license?

Yes.  In Washington State your driver's license is still valid for 60 days from the date of your DUI arrest. However, it is considered a temporary driver's license and you should carry on your person the bottom portion of the form that is also the Department of Licensing (DOL) hearing request. Also, alot of establishments do not consider a "punched" license to be a valid ID.

The officer, deputy or trooper should have given you a Washington State Department of Licensing hearing request. If you follow the instructions exactly and timely request a DOL hearing within twenty (20) days of your DUI arrest - your temporary license is extended for 150 days or until the Washington State Department of Licensing Hearing Officer issues a decision. ($375.00 plus the hearing request form) A hearing request form can also be obtained on the Department of Licensing website. DOL Forms 

Can I find my Washington State driver's license status on-line?

Yes. See link and enter your driver's license number. Real-Time License Status

New application for the Ignition Interlock License

The DOL has a new application for the Ignition Interlock License. All "restricted" license applications are now streamlined into one (1) simple application. See link and follow instructions. Restricted License application

Can I still drive after my license was "punched"?

Yes.  In Washington State your driver's license is still valid for 60 days from the date of your DUI or Physical Control arrest. However, it is considered a temporary driver's license and you should carry on your person the bottom portion of the form that is also the Department of Licensing (DOL) hearing request. 

The police officer, deputy or trooper should have given you a Washington State DOL hearing request. If you follow the instructions exactly and timely request a DOL Hearing within twenty (20) days of your arrest - your temporary license is extended until the Washington State Department of Licensing Hearing Officer issues a decision. ($200.00 pus the hearing request form - see this blog)

Can I reinstate my driver's license online?

Yes. In some cases. After a suspension or revocation, if all resinstatement requirements (i.e. SR-22 insurance, Ignition Interlock Device etc.) are satisfied you can apply for a license online.  See link: Get my Driver's License